A member of the public addresses Fullerton’s Library Board of Trustees during a special meeting held in the Hunt Library on May 5, 2018.

Matthew Leslie

About 45 members of the public attended a special meeting of the Fullerton Library Board of Trustees held on the morning of Saturday, May 5 at the now closed Hunt Branch Library located at 201 S. Basque Ave. The meeting was called, in part, to address concerns about the possibility of the city council selling the property, which is currently leased to neighboring church Grace Ministries International. In addition to library staff from the Main Branch, observers of the meeting included Councilmember Bruce Whitaker, who, along with Councilmember Jesus Silva, has advocated for keeping the Hunt building as a public facility.

Before the meeting, Library Director Judy Booth led visitors on a rare tour of the mid-century modernist building’s spacious interior, meeting rooms, and charming atrium spaces, which all appeared to be in good condition. The William Pereira designed structure was donated to Fullerton by Hunt Foods Chairman and art collector Norton Simon in 1962. Norton Simon once had his offices in the adjacent Pereira office building now owned outright by Grace Ministries. The campus, including the library, was home to sculptures by Rodin and Giacometti, but were eventually moved to the Pasadena museum that now bears the collector’s name.

Community members enjoy a rare opportunity to tour the Hunt Branch Library, now leased to a church, and normally closed to the public.

Most of the Hunt Branch’s books were moved to the Main Library when Grace Ministries moved into the space three years ago. White plastic chains were strung across shelves now filled with books owned by the church. Other stacks still holding parts of the library’s collection were shrink-wrapped to prevent access to the books.

The meeting was called to order at 10:35 a.m. with all five trustees present: Chair Sean Paden, and members Ellen Ballard, Ryan Cantor, Joshua Dale, and Carl Byers.

Following public comments on items unrelated to the agenda, Library Director Judy Booth reported that at it’s most recent meeting on May 1 the Fullerton City Council decided in closed session to schedule a study session about the Hunt Branch, that the Hunt Branch would also be on the agenda of the council’s May 15 meeting, and that Councilmember Jennifer Fitzgerald stated that she favored the Fullerton City Council appointing themselves as members of the Fullerton Library Board of Trustees and establishing a new library advisory council.

Before proceeding to Regular Business, Chair Sean Paden asked his fellow trustees to consider all six items on the agenda, listed below, concurrently in order to allow members of the public to address their comments to all of the items at once.

Thirteen people, including two former members of the Library Board of Trustees, spoke during the public comments period. All favored keeping the building in the public realm, though suggestions about its ultimate use varied among speakers.

Several speakers recalled attending the library on a regular basis, either as young students themselves or as adults with children of their own. Lauralyn Escher of the nonprofit All the Arts for All the Kids recalled seeing Norton Simon’s August Rodin sculptures installed at the Hunt.

One speaker noted that most of the parents in the immediate area served by the Hunt Branch could not afford to pay for summer camps in other facilities, and that adding programming from cultural non-profits at the Hunt site would benefit lower income children.

Elizabeth Gibbs spoke of the building as an heirloom that should be cared for instead of sold. Others advocated working with the Los Angeles Conservancy and seeking funding related to the building’s significance as a mid-century modern building, now over fifty years old and eligible for various historic designations.

Several speakers thought that the park surrounding the Hunt could be incorporated into programming as well.

Vince Buck, a former library board member, stated that the library was shut down not because of nearby homeless people, but because the city council had cut the budget to the library, and the former library director made the choice to use all funds for the main branch. He suggested partnering with the Getty, among other institutions, as well as Cal State Fullerton. He noted that a representative of Senator Josh Newman had appeared at the last meeting of the trustees, suggesting that the office might be able to find money for the Hunt.

5th District City Council candidate Ahmad Zahra challenged the library trustees to provide a solid argument to keep the facility open (which he favors) in order to counter an anticipated argument that not enough money was available to operate the library.

Two speakers wanted the Hunt to become a shelter for the homeless people, suggesting that the Hunt could be leased out and paid for with housing vouchers.

The trustees responded to public comments and questions before proceeding to the six agenda items. Trustee Ellen Ballard stated that the public comments reflected the view of the library board and expressed support for involving other non-profits in the Hunt’s operation. Carl Byers cited the public’s participation at the meeting as a reason for maintaining the library board as a separate entity from the city council. Ryan Cantor stated that the Hunt would need a separate identity distinct from the Main Branch and adequate funding to re-open. An appropriate use of the building would require that the facility be open free of charge and indiscriminately to the public, and have a literary focus. If the facility were to be sold, however, the funds should go directly to the Fullerton Public Library, and not the city’s General Fund.

1. Define the intent of the gift of Hunt Library

Copies of the original grant deed to the property were include in the agenda, and passed around the room. It was reported that the so-called Reverter Clause, which stipulated that the property’s ownership would be returned to the Norton Simon Foundation if the Hunt was ever to cease its function as a library, was no longer in effect.

2. Renegotiate the lease of Hunt Library to Grace Ministries International

Saying that “we were supposed to have had this conversation three years ago,” Ryan Cantor moved that the trustees recommend increasing the month-to-month lease for the Hunt to $ 5,000.00 per month from the current rate of $ 1,500.00, based on his own “rough capital assessment” of the site. Trustee Cantor emphasized that the $ 5,000.00 figure was just a starting point, and was not meant as a long term solution. The trustees discussed whether or not rent could be structured in such a way that payments would directly benefit the library instead of into the city’s General Fund.

Chair Paden suggested staying with the current lease rate, but adding a significant maintenance fee, acknowledging that such fees are normally less than the actual rent, but could represent a higher figure than the rent in this case. Trustee Byers predicted that GMI would opt to vacate the building rather than pay such a dramatically increased rent. Mr. Paden’s motion failed to secure a second, and failed.

Addressing the question about what repairs might be needed for the building, Director Booth said that the heating and air conditioning system would need to be replaced. Trustee Ryan said that no study had been made to determine what facility’s needs would be over the next ten years.

Trustee Cantor formally motioned that the lease rate be raised to a market rate of $ 5,000.00 because GMI was not acting to fulfill the mission of the library with its occupancy. In making this qualification, he announced that he would support leasing the Hunt for a symbolic one dollar per year to an agency that would operate it in a way that supported its mission. Some trustees were concerned that recommending such a dramatic increase in rent would only antagonize the city council. Ultimately, the motion failed on a 3 – 2 vote.

3. Formally request the City Council to appropriate funds to operate the Hunt Library as a branch library

Sean Paden suggested tabling this item pending more information about the actual cost to operate the Hunt as a library. Ryan Cantor maintained that the figure of $ 1.3 million per year estimated in 2012 a report was still valid for an operating budget that would fund the library being open for two shifts a day over a five day week.

Trustee Ellen Ballard didn’t think the Hunt could operate viably as a branch library in the way it had in the past because it was too small to hold a significant collection of books.

Ryan Cantor motioned that $ 75,000.00 be allocated from the budget to develop a long range plan for the Hunt for fiscal year 2018/2019. This motion passed on a 3 – 2 vote.

4. Consider possibility of partnering with community organizations at Hunt Library

Mr. Cantor led the discussion with a list of possible partners who might provide programming at the Hunt. His list included the Fullerton Arboretum, The Muckenthaler Cultural Center, Fulleton School District (All the Arts for All the Kids), La Habra Children’s Museum and others. Other trustees and members fo the public suggested additional names, which were added to the list. The trustees agreed to divide the names among themselves and contact prospective non-profits to gauge their interest in responding to a potential Request for Proposals that might eventually be issued by the library.

5. Library Board of Trustees and outside legal representation

Director Judy Booth reported that, at the direction of the trustees, she had asked Fullerton’s City Attorney, Dick Jones, about the process for the trustees to hire separate legal representation. Mr. Jones was reported to have referred her to Fullerton Municipal Code, Section 2.16.40 (“The City Attorney shall be attorney for the Library Board. When required he shall attend their meetings, and shall perform such other services for the Board as may be necessary,” suggesting that the city council would not recognize any difference between legal representation of the library and of the city itself. Trustee Cantor motioned that the trustees request the presence of the city attorney for their regularly scheduled meeting in June “to discuss possible pending litigation.” The motion passed on a 3 to 2 vote.

6. Schedule further meetings about Hunt Library at Hunt Library

Further actions were deferred to the next meeting of the trustees on May 24 at the Main Branch. At meeting’s end, Ryan Cantor commented about the actions and attitudes of the trustees by stating that “we’re working hard on this, and we’re not giving up.”

UPDATE: The Rag has updated the video links on this post to separate them individually because some readers experienced problems playing all five videos as a playlist.

On Wednesday, November 25, the Fullerton City Council met at 8:00 a.m. for a Special Meeting to announce a settlement in the civil lawsuit brought by Ron Thomas, father of schizophrenic Kelly Thomas, beaten into brain death by members of the Fullerton Police Department four and half years ago. The council had already met in a closed session meeting two days earlier on Monday, November 23 to decide whether or not to settle the case, scheduled to begin that very morning in a Santa Ana courtroom. Council members Jan Flory, Doug Chaffee, and Mayor Pro Tem Jennifer Fitzgerald voted in favor of the settlement, while Mayor Greg Sebourn and Council member Bruce Whitaker voted against it.

Although video of the November 23 meeting is available on the city’s website, along with other archived videos of past meetings, no such video can be found there of the Nov. 25 meeting. CORRECTION: The November 23 meeting was not recorded either, even though several members of the public offered comments prior to the council retreating into Closed Session. When pressed for an answer about the video’s absence by Parks and Recreation Commissioner Barry Levinson during public comments at the regularly scheduled December 1 City Council meeting, City Clerk Lucinda Williams responded that the city’s contract only covered regular meetings, and that a special call needed to have been made to arrange for the video recording of special meetings, and that that call had not been made ahead of the November 25 meeting.

The timing of the November 25 meeting was already suspect. Rather than wait until the regularly scheduled December 1 evening meeting, which would be both video recorded and broadcast live, to announce the expensive and embarrassing settlement, a Special Meeting was quickly scheduled early in the morning on a weekday, the day before the Thanksgiving holiday break. There is no logical reason for not video recording the November 25 session, which was a pubic announcement. Although a complete recording of that meeting is not known to exist, the Fullerton Rag does have five videos shot from the audience to preserve parts of the proceedings. Below are the announcement of the settlement by City Attorney Richard Jones, along with explanations by four council members of their respective support or opposition to the decision (Council member Jan Flory was not present for the November 25 meeting). Click the links below to hear remarks by each present member of the Fullerton City Council.

The Fullerton City Council moved item twelve, an update from Chief Hughes about the trial of two former officers acquitted of charges in the death of Kelly Thomas, to the beginning of its meeting agenda tonight. Of the fifty or so members of the public who spoke about the item, nearly a dozen expressed support for civilian oversight of the Fullerton Police Department. Following public comments of the issue, Councilman Bruce Whitaker reminded the audience that he did support a public police commission, and voted against the proposal to hire the Office of Independent Review to provide a lesser model of oversight through outside audits by Michael Gennaco’s OIR.

Councilwoman Jan Flory claimed that the subject was dealt with on two different occasions, and even cited a study session held at the new community center as an example of the council’s consideration of different models of oversight. Readers will recall that the Police Oversight Proposal Committee (POPC) was limited to less than ten minutes to present a model of public oversight following lengthy presentations by the chief of police and Michael Gennaco. Almost no discussion of the proposal took place at that time. There has never been a real public discussion of police oversight by the Fullerton City Council.

Readers will also recall that Ms. Flory was supported by the Fullerton Police Officers Association in the 2012 elections. The FPOA spent tens of thousands of dollars to ensure that they elected a candidate who would privilege their priorities over the interests of the public.

Ms. Flory claimed that the POPC proposal was in conflict with state legislation that protects police officers, and that the council was advised by lawyers that they should not adopt a civilian police commission.

Of course, The Peace Officers Bill of Rights does severely limit the public’s access to information about police misconduct, making real oversight somewhat complicated. But such civilian oversight is certainly not impossible, and is vital to a community where people can be beaten in the streets by the police and be found guilty of nothing by a jury.

Councilwoman Flory ought to take the public’s demands for civilian oversight more seriously. If she thinks state law is standing In the way of it, we will expect her leadership in efforts to change that law. We request that she contact our state legislators on behalf of the people of Fullerton to reform POBR.